Endangered Species Act Incidental Take Permits

The Endangered Species Act is a United States federal statute enacted in 1973 to protect species at risk of extinction due to the consequences of economic growth and lack of habitat conservation.
News & Analysis as of

Nine Western States Throw Their Support Behind Case Challenging Reach of the Endangered Species Act

On May 26, nine western states filed an amicus brief in People for the Ethical Treatment of Property Owners (PETPO) v. United States Fish and Wildlife Service urging the 10th Circuit Court of Appeals to limit the reach of...more

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have...more

Federal Wildlife Agencies Issue Final Rule Codifying Practice of Using Surrogates in Incidental Take Statements

On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the wildlife agencies) issued a final rule amending the regulations governing consultation under section 7 of the...more

Tenth Circuit Upholds Roadway Project On Lands Formerly Used To Manufacture Nuclear Weapons

On April 17, 2015, the United States Court of Appeals for the Tenth Circuit affirmed a district court decision upholding the U.S. Fish and Wildlife Service’s (FWS) approval of a roadway project in the Rocky Flats area of...more

Federal Court Strikes Down HCP: No Piggybacks Under Section 10

While decisions dealing with lawsuits alleging violations of section 7 or section 9 of the Endangered Species Act (ESA) are rather common, it is far less common for courts to address suits under section 10. In fact, in any...more

Federal Court Strikes Down Habitat Conservation Plan and Biological Opinion for Logging Project in Northern California

On April 3, 2015, a federal district court in California put the brakes on a proposed logging project, invalidating a habitat conservation plan and incidental take permit issued by the U.S. Fish and Wildlife Service (FWS) and...more

USFWS Publishes Northern Long-Eared Bat Listing Decision, Opts for Interim 4(d) Rule

In a long-anticipated move, the U.S. Fish and Wildlife Service (“Service”)has published a final listing decision and interim rule on the northern long-eared bat. The Service listed the northern long-eared bat as threatened...more

Court Upholds Endangered Species Act Incidental Take Permit for Windfarm

On March 17, 2015, Judge Leon of the United States District Court for the District of Columbia issued a memorandum opinion upholding the United States Fish and Wildlife Service's (USFWS) issuance of an incidental take permit...more

Do Takes of the Utah Prairie Dog Affect Interstate Commerce? Only When McDonalds Starts Serving Prairie Burgers

Earlier this week, in a suit brought by the beautifully named People for the Ethical Treatment of Property Owners, Judge Dee Benson ruled that the United States Fish and Wildlife Service could not regulate takes of the Utah...more

District Court Holds That The Incidental Take Statement Requirement Under Section 7 Of The Endangered Species Act Does Not Apply...

Last Thursday, a U.S. District Court for the Northern District of California held that the incidental take requirements in section 7 of the Endangered Species Act (ESA) do not apply to listed plant species. In Center...more

District Court Upholds Biological Opinion For Wind Energy Project In Imperial County, California

On November 20, 2013, the United States District Court for the Southern District of California rejected a challenge by various plaintiffs and upheld the biological opinion and incidental take statement issued by the U.S. Fish...more

U.S. Fish And Wildlife Service Approves HCP And ITP For 10 Species Over A 50-Year Period

Last week, the U.S. Fish and Wildlife Service (Service) published in the Federal Register a notice of its Record of Decision on an Incidental Take Permit authorizing NiSource, Inc. (NiSource) to "take 10 federally listed...more

Endangered Species Act Proposed Rulemaking

On September 4, 2013, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the "Resource Agencies") jointly proposed new regulations governing the issuance of "incidental take...more

Services Propose New Regulations For Incidental Take Under the Endangered Species Act

On September 4, 2013, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) jointly proposed new regulations governing the issuance of "incidental take statements" (ITSs) under Section 7 of the...more

Federal Wildlife Agencies Issue Proposed Rule That Would Codify Practice Of Using Surrogates In Incidental Take Statements

On September 4, 2013, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) issued a proposal rule to amend the regulations governing consultation under section 7 of the...more

Plaintiffs Claim Victory In Sharp Park Case Despite Mixed Record Of Success

On July 1, 2013, the United States District Court for the Northern District of California issued an order granting, in part, Plaintiffs’ motion for attorneys fees in Wild Equity Institute v. City and County of San Francisco,...more

Fifth Circuit Stays Injunction In Whooping Crane Case

The United States Court of Appeals for the Fifth Circuit stayed an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the...more

Proposed Rule Would Regulate U.S. Navy's Impact On Marine Mammals

On January 31, 2013, the National Marine Fisheries Service (NMFS) issued a proposed rule to regulate the impact of United States Navy exercises on marine mammals. The rule would affect areas off the Southern California,...more

Federal Judge Dismisses Atlantic Salmon ESA, CWA Claims Involving Maine Dams

On Monday, January 14, U.S. District Court Judge George Singal dismissed Endangered Species Act (ESA) and Clean Water Act (CWA) claims against several dam owners and operators located along the Kennebec and Androscoggin...more

District Court Allows Action For ESA Violations To Proceed Regarding Naval Operations Off The Atlantic Coast

On December 26, 2012, in Strahan v. Roughead, the United States District Court for the District of Massachusetts denied a motion brought by federal defendants to dismiss as moot plaintiffs’ claims that the Navy is operating...more

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species At Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species at Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

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